SAMAAN LATEEF

Srinagar, May 30: While admitting the revision petition of police, the High Court on Monday called for records of the Wamiq Farooq killing case from the trial court.

Court of Justice Sunil Hali heard the criminal revision petition and said: “Let the records be called from the trial court for hearing the revision petition.” The direction came after the State Government sought records from trial court for initiating its arguments.

Police in last week had filed a criminal revision petition before the High Court seeking quashment of the Chief Judicial Magistrate’s order of constitution of Special Investigation Team in the killing of Wamiq Farooq.

Police also challenged the registration of two FIRs in the case as observed by the trial court.

Police in its petition said, “There cannot be two FIRs in one and same occurrence. Already one FIR (12/2010) has been registered by the police in the case and let Investigating Officer (IO) be directed to enquire the case in the same FIR.”

However, complainant’s counsel advocate Ajaz Ahmad Dar quoting a Supreme Court direction said two FIRs could be registered in same case if there were rival versions of complainant and Public Prosecutor. Dar said the deceased was a minor. Wamiq was playing carom, when a police shell hit him on head, he submitted.

Court partly heard the arguments of Dar and listed the case for next hearing on June 6.

Earlier, Police had also filed a revision petition before the Principal District and Sessions court to challenge the trial court order. However, Sessions court dismissed that petition and upheld the trial court order.

Subsequently, police filed a revision petition before the High Court.

On February 5, CJM directed Inspector General of Police to constitute a special investigation team to arrest and interrogate the accused persons if necessary in the killing. CJM has sought ballistic and health opinion in the case apart from constitution of SIT. CJM directed the IGP to examine the witnesses and to draw the possible route of the shell, which hit Wamiq on head.

Wamiq of Rainawari was killed in January 2010, after he was hit by a teargas shell fired by police near Ghani Memorial stadium Rajouri Kadal, in old City Srinagar.

Lastupdate on : Mon, 30 May 2011 21:30:00 Makkah time
Lastupdate on : Mon, 30 May 2011 18:30:00 GMT
Lastupdate on : Tue, 31 May 2011 00:00:00 IST